20080681 Ver 1_Approval Letter_20080422

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Apri122, 2008
DWQ# 08-0681
Ashe County
Mr. Percy and Barbara Eason
3458 Old Highway 16N
Jefferson, NC 28640
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. Eason:
You have our approval to conduct stream enhancement and stabilization activities, in accordance with the attached
conditions, along a total of 315 existing linear feet of an unnamed tributary to Little Phoenix Creek located on your
property near Jefferson, NC in Ashe County, as described in your application received by the Division of Water Quality
on April 11, 2008. After reviewing your application, we have determined that this activity is covered by General Water
Quality Certification Number 3689, which can be viewed on our web site at
http://www.ncwaterqualit ~~org/wetlands.html. This Certification allows you to use Nationwide Permit Number 27
when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal,
state or local permits before you proceed with your project, including (but not limited to) those required by Sediment
and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when
the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you change your
project, you must notify us in writing, and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in
the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Stream Impacts
Location Identifier Amount Approved Type of Impact
linear feet
UT to Little Phoenix 315 Relocate channel, install rock cross-vanes and
River other stabilization structures, reshape bank and
vegetation planting.
Total 315
2. In stream work and land disturbance within the 25 foot wide buffer zone are prohibited during the brown and
brook trout spawning season of October 15 through April 15 to protect the egg and fry states of trout from off-site
sedimentation during construction.
None Carolina
dvalura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Percy & Mrs. Barbara Eason
April 22,.2008
Page 2
Native vegetation shall be used throughout this project. All tree and shrub plantings shall be protected from
mowing or clearing.
4. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification. The
Permittee shall take all reasonable steps must be taken to limit the amount of disturbance in the channel and to
therefore reduce downstream turbidity during construction.
5. Visual monitoring shall be conducted at a minimum of annually until it is determined that all structures remain
stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or
vegetation may require future repairs or replacement to ensure the stability of the stream and downstream waters.
6. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion"
to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate
should be returned to the Winston-Salem Regional Office of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing the
restored stream reach.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the. date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or
Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincer ly,
. rfi~~
Coleen H. Sullins, Director
~ Division of Water Quality
Attachments
cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office
Lynn Caldwell, NCNB, PO Box 1480, West Jefferson, NC 28694
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

Mr. Percy & Mrs. Barbara Eason
~ April 22, 2008
Page 3
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be.returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date